Real Estate Agent · Thermopolis, WY · Member since 2014 · 20 posts · 1 vote
The lessee moved out and her friends moved in. How do we get rid of her friends? It seems to me they are trespassing. Wouldn't a sheriff be the solution as opposed to eviction proceedings?
Downers , IL · Member since 2015 · 5 posts · 0 votes
10y
I have the exact same issue. Lessee was wonderful, always paid his rent on time, but left few months ago and had a friend moved in...still paid all his rent.
The lessee moved out and her friends moved in. How do we get rid of her friends? It seems to me they are trespassing. Wouldn't a sheriff be the solution as opposed to eviction proceedings?
I believe you have a few options here. 1) Allow the lessee to sublease to the squatters. 2)File for immediate eviction of the tenant even if not living there. The lease is still under that person's name whether they are there or not. And yes, the squatters are trespassing unless you agree to the sublease. 3)Terminate the lease with the current lessee, collect the termination fees if written in the lease, and then offer the squatters a lease. If they don't qualify or don't want to sign a lease, promptly have them removed by the sheriff.
Check with an attorney or the Clerk of Court for options as well.
What did they do when you approached them about signing the lease? Either as an additional Lessee (if the prior Lessee's contract is still in place and being paid on) or as a new contract (if it is month-to-month/expired)?
How long has it been? If they have been paying the rent and have been there more than a certain amount of time, they may be protected as tenants by law.
Real Estate Investor · atlanta, GA · Member since 2013 · 456 posts · 237 votes
10y
Did you have a written lease with the tenant.....had it expired or terminated or is it still in force? A ton of folks do oral leases which is legal but just dumb. An oral lease is almost always going to be interpretted by the courts to favor a tenant from my experience. How did the squatters get access/keys and is someone paying rent? GA generally views even someone who just spent the night as a tenant....and if they don't want to leave...you get to evict them. Check with your local magistrate court or find out who handles dispossessory matters in your city/county. If there is no lease and no payments.....go visit them with a written notice to vacate. Try to chat with them and get identifications if you can....if you can't, address the eviction filing to unknown party in residence. If the old tenant gave them access, get their IDs from her and, if the lease was in effect, let her know that she's responsible for rents/damages. We always try to walk every property with departing renters but we don't always get that chance.....
Investor · Canton, GA · Member since 2014 · 727 posts · 500 votes
10y
Mark Manig
You did not mention if they are paying the rent. Nor did you mention if you are accepting rent being offered.
I did something similar back in the day, but I spoke to the landlord after my friend on the lease had issues at school and had to leave. All verbal back then. Landlord had two more years of flawless rent payments as a result.
Real Estate Agent · Thermopolis, WY · Member since 2014 · 20 posts · 1 vote
10y
We had a written lease with the tenant. She never even lived there. Instead she moved her friends into the unit and told them she paid a pet deposit - which there never was one. So her friends moved their two dogs and one cat into the unit. She also said it was okay to smoke inside the premises - NOT! Her friends paid her 1/2 the months rent and she agreed with them to pay the other half. She in turn paid us the 1/2 month's rent and said the "rest of the rent was coming soon". The rent was past due and there was also money owed on the utilities. We did the 3 day notice to pay or quit. That was when we found out her friends were living there. They had several violations of the lease agreement with the original tenant (see above). Thankfully they are all gone now and the unit is about ready to be rented. Never a dull moment!
Urbana, IL · Member since 2012 · 1k+ posts · 425 votes
10y
Wow! Send written notices that they are in violation of the lease. Send and send and send and document and document and document. You'll likely be out some money but if they are breaking that many rules in the lease you might as well get them out for good.
I'm guessing, since the original 'tenant' is still on the lease you can file eviction with them and charge them for damages caused by a third party (their friends).